Neighbour issue I need advice as he is blocking my front door access!

Rob_Marx

if this was me id find my hands accidently brushing against the car while i was trying to get the keys into the door. people like this need to be put in their place quickly, they prey on people they think won't fight back

vikingaero

Take pictures of the car blocking your access, write a log a a couple of weeks of the times etc, then go to the Police for harrassment.

Or get your friends to exit over the roof of his car........

duncan303

littlemiss8084 wrote: »

As requested, section A of the Property Register....

1 (19.12.1990) The Leasehold land shown edged with red on the plan
of the above Title filed at the Registry and being X (his property) The Vale.
NOTE: As to the part tinted blue on the filed plan only the upper
maisonette is included in the title. - this shows his property, garden, garage and the driveway.
2 (19.12.1990) Short particulars of the lease(s) (or under-lease(s))
under which the land is held:
Date : 30 December 1988
Term : 200 years from 24 September 1956
Rent : £50
Parties : (1) X and Y (names removed - leaseholders)
(2) Z (name removed )
NOTE: A copy of the Lease dated 24 September 1956 is filed under
MX329187
3 (19.12.1990) There are excepted from the effect of registration
all estates, rights, interests, powers and remedies arising upon,
or by reason of, any dealing made in breach of the prohibition or
restriction against dealings therewith inter vivos contained in
the lease.
4 (19.12.1990) Lessor's title registered under MX307712.
5 Unless otherwise mentioned the title includes any legal easements
granted by the registered lease(s) but is subject to any rights
that it reserves, so far as those easements and rights exist and
benefit or affect the registered land.

Thanks, right now it's time to try and unravell the history. Bit late at night for me now, having difficulty getting to grips, seems to me(help me out anyone) that in 1956 the original leasehold was created, each subsequent title derives from that, so the particular easements you are interested in are those vested in his title as lessor

You now probably need to see the original Lease when it was created in 1956, this should include all those easements that would have been required to make the leaseholds function correctly.(reservations etc) But you do need to see the lessors title. we are looking for the words "subject to" .

At the very least you could get both the other Titles referred to and take them with yours to your management company.

I'll have another look tomorrow

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[Deleted User]

Guys, you're barking up the wrong tree I'm afraid.

There is an equitable easement in every property that's built. You don't need to search for any access rights on the title deeds as often you won't find them.

There's an implied (equitable) easement in favour of an occupier wherever shared access to a house is provided. It's pretty obvious: otherwise people wouldn't be able to enter their properties!

duncan303

Deleted_User wrote: »

Guys, you're barking up the wrong tree I'm afraid.

There is an equitable easement in every property that's built. You don't need to search for any access rights on the title deeds as often you won't find them.

There's an implied (equitable) easement in favour of an occupier wherever shared access to a house is provided. It's pretty obvious: otherwise people wouldn't be able to enter their properties!

How is the rule in Wheeldon Burroughs pertinent when the OP has explained that she has an express grant (albeit on foot)

Continuous and apparent?? However inconvienent??

The OP is pregnant and is currently squeezing past the bonnet of a neighbours car that parks right up to her doorstep.

So why is investigating Titles barking up the wrong tree?

Is the car parker the owner pre 56 and if so; has he always parked inches from this particular door.........I could be wrong but I hardly think so.

Furthermore we had understood this not to be a shared access but a dedicated access and neither a new build but a conversion into leasehold.

as to the comment that you wont often find grants over servient tenaments in title deeds.......... not required if your property extends to a public highway, but otherwise......


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pinkshoes

Littlemiss8084, I have to say you are being VERY patient with this man!

Personally I would have used his car to dump my stuff on whilst I tried to squeeze in the front door!

I would start by writing (recorded delivery) to the DVLA, letting them know that he has already had a couple of collisions, and now seems to have lost the ability to park his car, and has continually parked upto your front door, often blocking your access, which would be very dangerous should any emergency services need to access the building, or should you need to escape in a fire. Ask them to carry out an assessment on his ability to still drive.

Or, before you do the above, could you not write him a letter stating that unless he stops parking so close to your front door immediately, blocking your access, you will have no other option but to write to the DVLA requesting an investigation into his fitness to drive, and you are sure it would be very upsetting for him if he lost his driving license, and thus his independence...

littlemiss8084

We seem to have got somewhere... since my last little outburst threatening to write to leaseholder he has not parked anywhere near my front door or my back gate wonder how long this will last, guess I will have to wait and see.

At least it gives me a little bit less stress for the time being if he continues not parking there and could really do without his crap as just found out I am being referred to the neurologist to try to get to the bottom of my problems since the car crash

Thanks again for all your advice and will be back if things start up again.

duncan303

littlemiss8084 wrote: »

We seem to have got somewhere... since my last little outburst threatening to write to leaseholder he has not parked anywhere near my front door or my back gate wonder how long this will last, guess I will have to wait and see.

glad to hear there seems to be a resolution, may I suggest that you conceed something to acknowledge his retraction.

maybe a wave to say "good morning", sounds to me that the last thing you need right now is any stress at all with him.

good luck.........



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415SanFran

NO! Don't do that he might think you are being sarky! And start up again. Let sleeping dogs lie

duncan303

415SanFran wrote: »

NO! Don't do that he might think you are being sarky! And start up again. Let sleeping dogs lie

Perhaps you are right...

However I do think it is possible to acknowledge a neighbour without being sarky or indolent. There is already a history between these two as remarked in an earlier post.

Let sleeping dogs lie is easier if you do not have to confront the protagonist everyday

A "cold war" can be just as stressfull, maybe if the op could allow free access to the washing line once in a while that may help, it is reconcilliation I was hoping to impart. but maybe as you say this may not be possible and will only make matters worse.


from #4

littlemiss8084 wrote:

When we bought the maisonette we had to ask him hang his washing on our line as I couldnt hang my washing out as he had already got there first and we put a gate with a lock to stop him hehe.

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